Father's Visitation Revoked for Lack of Maturity and Compassion
by
Joseph C. Maya on May. 03, 2017
Divorce & Family Law Divorce & Family Law Child Custody Divorce & Family Law Child Support
Summary: Blog about a man whose visitation rights were revoked because he could not meet the standards set by the state of patience, maturity, and compassion to properly parent a child.
If you have questions about divorce, legal separation, alimony pendente lite, or alimony in Connecticut, please feel free to call the experienced divorce attorneys at Maya Murphy, P.C. in Westport today at 203-221-3100 or email Joseph C. Maya, Esq. at JMaya@Mayalaw.com.
Custody of the children was awarded to a wife after the parties' marriage was dissolved where the husband failed to demonstrate that he had the patience, compassion, understanding, or maturity that would make him an effective parent figure.
The parties were married on March 25, 1990, and had one son born to the union. The defendant wife had an older daughter who resided with the parties when they lived together. The parties’ had a second daughter in the course of their marriage. In 1993 the defendant left her home, and separated from the plaintiff due to physical abuse and harassment. The defendant noted that the plaintiff focuses all his attention on their daughter to the exclusion of their son. In March 1993 the defendant learned from her oldest daughter that she had been sexually abused by the plaintiff three years earlier. The daughter was seven years old at the time this information was disclosed. A custody evaluation was ordered by the judicial department of family relations, as well as psychological evaluations for both the plaintiff and defendant. The plaintiff was found to suffer from high anger and bitterness, combined with high levels of depression and mental confusion, which in summation suggested a limited ability to handle emotions in a mature capacity. The psychological expert also found reports by the plaintiff to be distorted and suspicious.
The court found the father incapable of providing the necessary patience, compassion or maturity to make him an effective parent for the children. The allegations of sexual abuse by the defendant against the plaintiff did not require the “clear and convincing standard of proof.” Rather, the court’s decision was established on the best interests of the child. In this respect, the court was not required to establish evidence supporting the defendant’s allegations. Rather, the preponderance of evidence against the father’s overall ability to provide for the children’s best interests was sufficient for the purpose of restricting his visitation rights.
For a free consultation, please do not hesitate to call the experienced family law and divorce attorneys at Maya Murphy, P.C. in Westport, CT at 203-221-3100. We may also be reached for inquiries by email at JMaya@mayalaw.com.
Source: Reyes v. Reyes, 1996 Conn. Super. LEXIS 1640 (April 9, 1996)
